SEZ Act 2005
PRACHI
(Querist) 26 June 2009
This query is : Resolved
Hi All:
Could you please tell me if there is any covenant in the SEZ Act 2005 corresponding to certain area like 10 acres, 20 acres, 30 acres and so on?
Regards
Prachi
A V Vishal
(Expert) 27 June 2009
Yes but it applies to persons who want to start and develop a SEZ. What is your query regarding to?
A V Vishal
(Expert) 27 June 2009
5. Requirements for establishment of a Special Economic Zone.- (1) The Board may approve as such or modify and approve a proposal for establishment of a Special Economic Zone, in accordance with the provisions of sub-section (8) of section 3, subject to the requirements of minimum area of land and other terms and conditions indicated in sub-rule (2).
(2) The requirements of minimum area of land for a class or classes of Special Economic Zone in terms of sub-section (8) of section 3 shall be the following, namely:-
(a) A Special Economic Zone for multi product shall have a contiguous area of one thousand hectares or more:
Provided that such Special Economic Zone established exclusively for services may have a contiguous area of one hundred hectares or more:
Provided further that in case a Special Economic Zone is proposed to be set up in Assam, Meghalaya, Nagaland, Arunachal Pradesh, Mizoram, Manipur, Tripura, Himachal Pradesh, Uttaranchal, Sikkim, Jammu and Kashmir, Goa or in a Union territory, the area shall be two hundred hectares or more:
Provided also that at least twenty five per cent. of the area shall be earmarked for developing processing area:
Provided also that the fulfillment of the requirement of the contiguous area shall be considered and decided by the Board on a case to case basis on merits;
(b) A Special Economic Zone for a specific sector or in a port or airport, shall have a contiguous area of one hundred hectares or more:
Provided that in case a Special Economic Zone is proposed to be set up exclusively for electronics hardware and software, including information technology enabled services, the area shall be ten hectares or more with a minimum built up processing area of one lakh square meters:
Provided further that in case a Special Economic Zone is proposed to be set up exclusively for bio-technology, non-conventional energy, including solar energy equipments/cell, or gem and jewellery sectors, the area shall be ten hectares or more:
Provided also that in case a Special Economic Zone for a specific sector is proposed to be set up in Assam, Meghalaya, Nagaland, Arunachal Pradesh, Mizoram, Manipur, Tripura, Himachal Pradesh, Uttaranchal, Sikkim, Jammu and Kashmir, Goa or in a Union territory, the area shall be fifty hectares or more for the Special Economic Zones not covered under the first and second proviso:
Provided also that at least fifty per cent. of the area shall be earmarked for developing processing area;
(c) Special Economic Zone for Free Trade and Warehousing shall have an area of forty hectares or more with a built up area of not less than one lakh square meters:
Provided that a Free Trade and Warehousing Zones may also be set up as part of a Special Economic Zone for multi-products:
Provided further that in a Special Economic Zone for a specific sector, Free Trade and Warehousing Zone may be permitted with no minimum area requirement but subject to the condition that the maximum area of such Free Trade and Warehousing Zone shall not exceed twenty per cent. of the processing area.
(3) The requirements of the minimum area of land for the Special Economic Zones, -
(a) which had been, before the commencement of these rules ,-
(i) recommended by the Board of Approval constituted by the notification of the Government of India, in the Ministry of Commerce and Industry (Department of Commerce) Number 14/1/2001-EPZ dated the 7th August, 2001;and
(ii) approved by the Central Government;
(b) which had acquired or taken possession of the land required for setting up of the Special Economic Zones before the commencement of these rules; and
(c) which are situated in any of the States mentioned under column (2) of the Annexure II to these rules,
shall, for each sector under column (3) of the Annexure II, be such as mentioned in the corresponding entries under column (4) against each such sector situated in the State mentioned under column (2) of the said Annexure II.
